House of Lords Journal Volume 12
19 December 1670

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 12: 19 December 1670', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 392-394. URL: http://www.british-history.ac.uk/report.aspx?compid=12716 Date accessed: 24 April 2014. Add to my bookshelf


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DIE Lunæ, 19 die Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

Arch. Cant.
Arch. Eborac.
Epus.London.
Epus.Durham.
Epus.Winton.
Epus.Ely.
Epus.Sarum.
Epus.Petriburgh.
Epus.Carlile.
Epus.Oxon.
Epus.Chester.
Epus.St. Asaph.
Marq. Worcester.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manch. Camerarius Hospitii Domini Regis.
Comes Suffolk.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Chesterfield.
Comes Strafford.
Comes Norwich.
Comes Scarsdale.
Comes St. Albans.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Carlile.
Comes Craven.
Comes Aylsbury.
Vicecomes Conway.
Vicecomes de Stafford.
Vicecomes Fauconberg.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Delawarr.
Ds. Berkley of Berkley.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Pagett.
Ds. Chandos.
Ds. Grey.
Ds. Maynard.
Ds. Howard.
Ds. Mohun.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Carrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerrard.
Ds. Langdale.
Ds. Crofts.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.

PRAYERS.

This Day the Lord Chief Justice of the Court of Common Pleas sat Speaker, in the Absence of the Lord Keeper, being sick.

Message from the King, concerning an Adjournment.

The Lord Chamberlain acquainted their Lordships, from His Majesty, "That His Majesty referreth the Time of making their present Adjournment to their Lordships, to do therein as they shall think fit; but desires that the Adjournment may be for no longer than till Thursday come Sevennight, the 29th Day of December Instant."

Bill to prevent the Importation of Brandy.

ORDERED, That the Bill intituled, "An Act to prevent the Importation of Foreign Brandy, and to give a Recompence to His Majesty for his Duty thereupon,"(formerly read the Second Time in this House) be committed to these Lords following:

Marq. Worcester.
L. Great Chamberlain.
L. Steward.
L. Chamberlain.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Berks.
Comes Dover.
Comes Norwich.
Comes Sandwich.
Comes Cardigan.
Comes Anglesey.
Comes Carlile.
Comes Aylsbury.
Vicecomes Conway.
Vicecomes de Stafford.
Epus. London.
Epus. Durham.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Oxon.
Epus. Chester.
Ds. Arlington.
Ds. Awdley.
Ds. Berkley.
Ds. Willoughby.
Ds. Mohun.
Ds. Newport.
Ds. Byron.
Ds. Carrington.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Gerrard.
Ds. Cornwallis.
Ds. Ashley.

Their Lordships, or any Seven or more of them; to meet on Saturday come Sevennight, at Three of the Clock in the Afternoon, in the Prince's Lodgings; and have Power to hear the Company of the Distillers in London, if they shall petition their Lordships.

L. Berkeley's Petition to the King, concerning his Precedency.

The Lord George Berkley of Berkley presented a Petition, which he presented to His Majesty, with His Majesty's Reference thereupon; which was read, as followeth:

"To the King's Most Excellent Majesty.

The humble Petition of George Lord Berkeley of Berkley;

Sheweth,

"That Your Petitioner humbly conceiveth himself (through Mistake) not to be in such Place of Precedency as a Baron and Peer of this Realm in Parliaments, and all other the Honourable Assemblies of his Peers, as of ancient Time did belong to his Ancestors from whom he is descended.

"Your Petitioner therefore most humbly prayeth, That Your Majesty will be graciously pleased, that he may be admitted to make Proof of his Claim, in order to the just Decision thereof, in such Sort as Your Majesty shall in Your great Wisdom think fit.

And Your Petitioner shall pray, &c.

"Berkeley."

King's Reference.

At the Court at Whitehall, December 16th, 1670.

His Majesty is graciously pleased to refer the Consideration of this Petition to the Right Honourable the Lords in Parliament.

"Arlington."

L. Berkeley to be heard.

Hereupon it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lord Berkley shall be heard, by his Counsel, at the Bar of this House, to make Proof of his said Claim, on Tuesday the Tenth Day of January next, at Ten of the Clock in the Forenoon.

Noel versus Nelson, in Error.

ORDERED, That the Errors in the Writ of Error between Noell and Nelson shall be argued, at this Bar, Tomorrow Morning, by Counsel on both Sides.

ORDERED, That William Princhard and Henry Wilson, both Prisoners by Order of this House, shall be brought to the Bar To-morrow Morning, at the same Time as Walcott Brisco is appointed to be brought.

Comport versus Sir S. Jones.

Upon hearing Counsel this Day at the Bar, upon the Petition of Richard Comport, of Eltham, in the County of Kent, Yeoman, being an Appeal from a Dismission of his Bill in Chancery, concerning Rents used for by Sir Samuell Jones; and also upon the Answer of Sir Samuell Jones to the said Petition:

After due Consideration had of what was offered on either Part, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of Richard Comport be, and is hereby, dismissed this House.

Greene versus Cole, in Error.

Upon hearing Counsel this Day at the Bar, on the Behalf of Henry Greene, Plaintiff in a Writ of Error depending in this House, and also on the Behalf of William Cole Defendant:

After Consideration had of what was offered on either Part, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Opinions of the Lord Chief Justice of the Court of Common Pleas, Mr. Baron Turner, Mr. Justice Wylde, and Mr. Baron Littleton, (who were this Day present in this House) to the Point of Law in the said Case, on Tuesday the Third Day of January next, at Ten of the Clock in the Forenoon.

Ly. Gerrard versus Spencer, Privilege.

Whereas William Spencer Gentleman was, by Order of this House, dated the Second Day of December Instant, summoned to appear at the Bar, to answer to the Complaint of the Lady Dowager Gerrard of Gerrard's Bromley, of a Breach of Privilege of Peerage; it appearing, by the Oath of Steven Harris, that the said William Spencer is so sick as that he cannot at present personally appear according to the Summons of the said Order:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Proceedings against the said William Spencer be suspended till further Order of this House; and that all Proceedings against the said Lady Gerrard contrary to the Right of Peerage, be laid aside.

Nugent versus Talbot.

Whereas Counsel was appointed to be heard, at the Bar, upon the Petition of Sir Robert Nugent, and the Answer of Colonel Richard Talbott to the said Petition, on Tuesday the 20th Day of December Instant; this House being moved, "That Colonel Richard Talbot (being so lately come from Ireland that he cannot be ready for the said Hearing) might have longer Time allowed him:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, that Counsel shall be heard, at the Bar of this House, upon the said Petition and Answer, on Friday the Thirtieth Day of December Instant, at Ten of the Clock in the Forenoon, at which Time this House will consider what Costs shall be fit to be given to Sir Robert Nugent, if any Delay shall appear to be made by the said Colonel Richard Talbott; and hereof the said Colonel Richard Talbott, or his Agent, is to give timely Notice to the said Sir Robert Nugent, or his Agent in this Cause.

Ly. Delawar Privilege: Princhard and Wilson, to be brought to the Bar.

ORDERED, That William Princhard and Henry Wilson, now in the Custody of the Gentleman Usher of the Black Rod attending this House, shall be brought to the Bar of this House To-morrow Morning, at the same Time when Walcott Brisco is.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit declaravit præsens Parliamentumcontinuandum esse usque in diem Martis, 20um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
Bolingbrooke.
Craven.
Seth. Sarum.
Geo. Eure.